Status of the Litigation and Other Matters

Status of the Litigation and other matters

 As previously indicated, a teleconference occurred Wednesday 2nd July, between the Judge (Justice Heath) and counsel for both sides.

 The decision of the judge was that there were too many issues and they were too complex to resolve them in a teleconference. We agree with that.

 Accordingly, a hearing has been scheduled for July 18 in Christchurch. This will be a new court hearing, in a court room, and it will be transmitted by video to the High Court in Whangarei, so that those who are still following this may observe the hearing. If you want to go, we will organise transport if enough are interested. (email [email protected]).

 We told you earlier we have requested that the Court issue a stay of proceedings, to prevent continuation of the standover tactics of the commissioners in trying to forcibly collect arrears of rates, until all of these issues have been finalised. For reasons that are not worth going into here, a stay is not the correct mechanism, and the court requires us to seek an injunction. That is one thing that will be heard on July 18.

Our application to appeal has been filed, and we have explained to the judge that we have done that because of what we understood to be the strict letter of the High Court Rules. We recognise that the judgment might still change, and in so doing remove any need for our appeal (and create one for KDC!).

 We will also be making representations on the matter of the award of costs. The council are arguing that because they got their retrospective Bill through Parliament, the MRRA should have realised then that the game was up, and that all of its actions subsequent to that date should not attract any award of costs. They appear to acknowledge that their entirely vexatious (and unsuccessful) attempt to have our case struck down was something they ought to pay for.

They acknowledged (rather brazenly, we thought) in court in February that the MRRA still had the right to bring judicial review proceedings (because it was doing just that) and therefore Parliament had not cut across our right to do so- they contended that what Parliament had done was merely to ensure that the bringing of such proceedings was futile! However, we exercised our right to be heard and placed before the court our view that there were many things (still) wrong with the validated rates that had not been addressed by the Validation Act.

For various reasons the court did not hear us on those other defects in February, but we remain convinced that those defects are still there and they fatally flaw the rates resolutions that KDC are trying to enforce. (Interestingly, it seems to be the ONLY thing that matters to the commissioners- collection of past rates- whose instructions are they following?) There were many other issues raised by us in February besides the Validation Bill, that only the Court could decide, and thus our arguments on the 18th July will reinforce our right and need to be heard.

 When considering awards of costs, the court must ask itself what the motivations of the litigants were. If there was ever a case of litigation before the courts of New Zealand that was more unselfish than this one, it would be very hard to find it. Nobody involved stands to gain a penny, and everyone who contributed money to defray costs did so on the clear understanding that they might never see a penny of that money again. Even our lawyers have agreed, because of the principles involved, to fight on to the end with no certainty that there will be funds in the kitty to pay their fees. This is a very just cause we are battling for here, and we deserve to have some of the financial pain relieved by an award of indemnity costs. AT NO POINT WAS IT EVER NECESSARY FOR KDC TO OPPOSE THIS. THEY ELECTED TO DO SO BECAUSE THEY REPRESENT EVERYONE EXCEPT THE RATEPAYERS.

 We think it is a crying shame that some people have been browbeaten into paying arrears of rates. We have tried very hard to set out why it is unwise to do that, despite the risk of personal cost entailed. The one thing any bankrupt organisation needs to keep its creditors at bay is money.

Thank you most sincerely to all the people who have withheld and continue to withhold rates payments We recognize that some have felt it necessary to pay up, under the carrot/stick measures being applied, but there are many people who continue to withhold payment in the interests of seeing justice done. Our especial thanks go to them.

Many of you will be interested to know that the chair of commissioners has written to the former MRRA committee asking them to try to force the current committee to be reasonable and see things from the commissioners’ perspective. Mr Robertson is at pains to refer to the many “constructive” contacts he was having with the members of that committee before it was changed by you. We remind you of the detailed, generous and practical offer that was placed in front of KDC ahead of the recent case conference. An offer that, once again, they simply tore up and threw back in our face.

 This struggle has been possible because of community solidarity. Anyone who thought it would all be done and dusted after one court hearing did not listen to the learned judge “This is a very complex case, of significant public interest”.

 The Department of Internal Affairs and Local Government New Zealand have been telling the commissioners for nearly two years that all they have to do is keep the pressure (threats, and divisiveness) on and the MRRA and its rag tag rabble will fold up and disappear.

 With your incredible persistence, we are proving them wrong, not because we have any affection for litigation (far from it!), but because there has been a terrible criminal injustice perpetrated here, which, so far, nobody is raising a finger to redress.

 By contrast, somebody has finally decided to look into the fraud that was destroying the Far North District. We need agencies such as the serious fraud office to come in like surgeons and remove what is eating our communities alive before it terminates us all. We asked them to look at KDC two years ago. They refused. Why? Who are they protecting? Did the Auditor General interfere in the actions of the SFO? But, until SOMEBODY investigates, paying rates to the KDC is like pouring petrol on a fire that is engulfing your house. Do not pay them.

 P.S. On Monday night John Henderson represented us and made a presentation to the Campbells Bay Community Association AGM at their invitation. This group fully grasped (and gasped at!) the essential nature of our legal challenge and how it directly impacts all ratepayers in NZ. They asked that the Mangawhai Community be thanked for their support and commitment in this hugely important endeavour.

Interestingly, two councillors from Auckland City were at the meeting and they were likewise supportive of our mission.

 And in closing, a repetition: . Paying rates to the KDC is like pouring petrol on a fire that is engulfing your house. Do not pay them.

Kind regards,

MRRA Executive.

Once we know the result of the hearing on 18 July we will be in a position to tell you whether we need more money, and how much, and why. A brief and clear message will be sent to you at the time. Many thanks.